12th ITA-IEL-ICC Joint Conference on International Energy Arbitration - Houston

David was a panelist on a session at the 12th ITA-IEL-ICC Joint Conference on International Energy Arbitration in Houston. The Joint Conference is presented by The Institute for Transnational Arbitration (ITA), The Institute for Energy Law (IEL) (both subsidiaries of The Center for American and International Law (CAIL)) and The International Court of Arbitration of the International Chamber of Commerce (ICC). The Conference traditionally includes a year-in-review analysis of key developments in international energy arbitration practice during the preceding year, panels and debates concerning these developments, a Forum for off-the-record discussion of current issues, and a Young Arbitrators Roundtable.

David’s session, “Political Risks in Big Energy Projects: If Not Investment Treaties, Then What?” took place on January 19, 2024. The distinguished panel discussed how mitigating risk through investment treaty protection has become de rigueur in most large, cross-border energy projects. They covered challenges to this conventional wisdom, from restrictions on access, redefinition of rights, and even outright repudiation. A key takeaway based on those challenges is practitioners in this area must think creatively for new ways to manage political risk. The panelists debated the emerging reality and shared their thoughts on what the future of investment protection could look like.